Smith v. Procunier’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Sjince the jury returned a verdict finding the death sentence warranted under both “vileness” and the “dangerousness” standard, it is of no importance whether the instruction on “vileness” was correct so long as the instruction on “dangerousness” was correct, provided, of course, the verdict of the jury was unanimous on the “dangerousness” ground.”

   2 later decisions quote this exact passage · from the majority
   e.g. Lem Davis Tuggle v. C.E. Thompson, Warden · Tuggle v. Ce Thompson

2. “[A] death penalty supported by at least one valid aggravating circumstance need not be set aside ... simply because another aggravating circumstance is “invalid” in the sense that it is insufficient itself to support the death penalty.”

   2 later decisions quote this exact passage · from the majority
   e.g. Lem Davis Tuggle v. C.E. Thompson, Warden · Tuggle v. Ce Thompson

3. “On the merits, we immediately come up against the consideration of the jury’s verdict recommending a death sentence was supported by two separate and distinct grounds of aggravation: (a) dangerousness (i.e., violence) and (b) vileness. The asserted errors of constitutional dimension relating to the admission of psychiatric testimony were in testimony directed to the question of “dangerousness.” The evidence presented to the jury supporting a showing of “vileness” was unchallenged. The testimony in the guilt phase of the case amply provided a basis for a decision that the crime was vile. Having met the victim on a beach, Smith paused to help remove briars from her feet. The appearance of kindness immediately dissipated when Smith grasped the victim’s arm, took her to a wooded area, produced a knife, and told her to undress. He then forced her to have intercourse and, following that, choked her, dragged her into the water, submerged her head, stabbed her, and left the dead victim lying where she fell. The immediate cause of death was drowning, although the testimony indicated the stab wounds and strangulation also could have been responsible.”

   1 later decision quote this exact passage · from the majority
   e.g. Lem Davis Tuggle v. C.E. Thompson, Warden